Isserlis v. Kirschenbaum et al
Filing
2
MEMORANDUM OF DECISION AND ORDER - As a significant amount of time has passed since the initial filing of this motion, the movant Isserlis is directed to file with the Court a letter advising as to the current status of the relevant bankruptcy procee ding on or before September 21, 2012. If the motion to withdraw the reference is not moot, and if any of the parties wish to oppose the motion, they are directed to do so on or before October 12, 2012. A reply, if applicable, may be filed on or before October 26, 2012. Ordered by Judge Arthur D. Spatt on 9/6/2012. (Coleman, Laurie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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KENNETH KRISCHENBAUM, as Chapter 7
Trustee of the Estates of the Robert Plan of New
York Corporation and the Robert Plan
Corporation,
Plaintiff,
FILED
CLERK
9/6/2012 11:41 am
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LONG ISLAND OFFICE
MEMORANDUM OF
DECISION AND ORDER
10-MC-0674 (ADS)
-againstLeeds Morelli & Brown, P.C. and Nancy
Isserlis,
Defendants.
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APPEARANCES:
Kirschenbaum & Kirschenbaum, P.C.
Attorneys for the Plaintiff
200 Garden City Plaza
Garden City, NY 11530
By: Steven B. Sheinwald, Esq., Of Counsel
Lester & Associates, P.C.
Attorneys for the Defendant Leeds Morelli & Brown, P.C.
600 Old Country Road
Suite 229
Garden City, NY 11530
Wayne Greenwald P.C.
Attorneys for the Defendant and Movant Nancy Isserlis
475 Park Avenue S-26th Floor
New York, NY 10016
By: Wayne M. Greenwald, Esq., Of Counsel
SPATT, District Judge.
On August 25, 2008, the Debtors––the Estates of the Robert Plan of New York
Corporation and the Robert Plan Corporation–– filed voluntary petitions for bankruptcy relief
pursuant to 11 U.S.C. § 101, et seq. On September 15, 2008, the joint administration of the
Debtors’ cases was ordered. On January 19, 2009, the Debtors’ cases were converted to
liquidation cases, under Chapter 7 of 11 U.S.C. § 101, et seq. The Plaintiff, Kenneth
Kirschenbaum, was then appointed as the Chapter 7 Trustee of the Debtors’ estates (the
“Trustee” or “Plaintiff”). On April 21, 2010, the Trustee commenced this action seeking to set
aside alleged voidable transactions, pursuant to 11 U.S.C. §§ 5441, 547, 548 and 550.
Thereafter, the Defendant Leeds, Morelli & Brown P.C. (“LMB”) filed an answer, and
Nancy Isserlis served her answer to the Complaint with cross-claims against LMB, sounding in
professional malpractice. LMB then moved to dismiss the cross-claims, arguing that the
Bankruptcy Court lacked subject matter jurisdiction over them. The Bankruptcy Court did not
decide the issue but rather offered Isserlis the opportunity to move to withdraw the reference of
this action to the Bankruptcy Court, pursuant to 28 U.S.C. § 157(d). Isserlis filed the present
motion to withdraw the reference on October 21, 2010, and this motion is presently pending.
As a significant amount of time has passed since the initial filing of this motion, the
movant Isserlis is directed to file with the Court a letter advising as to the current status of the
relevant bankruptcy proceeding on or before September 21, 2012. If the motion to withdraw the
reference is not moot, and if any of the parties wish to oppose the motion, they are directed to do
so on or before October 12, 2012. A reply, if applicable, may be filed on or before October 26,
2012.
SO ORDERED.
Dated: Central Islip, New York
September 6, 2012
________/s/ Arthur D. Spatt______
ARTHUR D. SPATT
United States District Judge
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